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This is an Agreement between NEURO GENETIC SOLUTIONS GMBH. ("NGS"), and you ("Licensee"), for the purpose of specifying the conditions under which you will use the NGS software products or parts of it, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials (''SOFTWARE PRODUCT'').

IMPORTANT NOTICE: By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install, copy, or otherwise use the SOFTWARE PRODUCT. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT (''UPDATES''), you agree to be bound by any additional licence terms that accompany such UPDATES. If you do not agree to the additional licence terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.

§1. COPYRIGHT

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Licensee shall treat the SOFTWARE PRODUCT like any copyrighted material. The SOFTWARE PRODUCT is licensed, not sold. NOTE: The terms of a printed, paper Licence Agreement which may accompany the SOFTWARE PRODUCT supersede the terms of any on-screen Licence Agreement found within the SOFTWARE PRODUCT.

§2 GRANT OF LICENCE

NGS hereby grants Licensee a nonexclusive licence to install and use the SOFTWARE PRODUCT under the terms of this Licence Agreement. Licensee can download, install and use the SOFTWARE PRODUCT if he purchased a valid licence key from NGS. If Licensee purchased a STUDENT or ACADEMIC licence key or any EVALUATION licence key the SOFTWARE PRODUCT may NOT be used for commercial purposes. Licensee may only install and use the SOFTWARE PRODUCT in a single location on a hard disk or other storage device as long as the purchased licence key grants the usage.

§3 RESTRICTIONS

Licensee shall not reverse assemble, reverse compile, reverse engineer, disassemble, decompile, or otherwise translate the SOFTWARE PRODUCT, or attempt to derive the source code of the SOFTWARE PRODUCT or parts of it. Portions of the SOFTWARE PRODUCT may not be used independently of the SOFTWARE PRODUCT. Licensee may not use, copy, modify, or distribute the SOFTWARE PRODUCT or parts of it (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof. In addition, Licensee shall not, nor permit any party to: (1) use the SOFTWARE PRODUCT for the benefit of any third party, including without limitation, in an outsourcing or timesharing arrangement, or in the operation of a service bureau; (2) sell, lease, loan, sublicense, distribute, or otherwise transfer the SOFTWARE PRODUCT to any person, firm, or entity; (3) reproduce, distribute, publicly perform or publicly display the SOFTWARE PRODUCT. Licensee may not create derivative works of the SOFTWARE PRODUCT.

§4 TERM AND TERMINATION

This Licence Agreement granted for the SOFTWARE PRODUCT is effective until it is terminated. NGS may terminate any licence granted herein immediately in the event of any breach by Licensee of any term hereof. Upon the termination of a licence for any reason, Licensee agrees to promptly return to NGS or to destroy all copies or parts of the SOFTWARE PRODUCT under its control.

§5 WARRANTY

The SOFTWARE PRODUCT is being delivered AS IS and NGS makes no warranty as to its use or performance. NGS and its suppliers do not and cannot warrant the performance or results Licensee may obtain by using the SOFTWARE PRODUCT. NGS and its suppliers make no warranties, express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose.

§6 LIMITATION ON LIABILITY

In no event will NGS or its suppliers be liable to Licensee for any consequential, incidental or special damages or loss, including, without limitation, any lost of profits or lost of savings, even if NGS has been advised of the possibility of such damages, or for any claim by any third party. This exclusion of liability equally applies to damages to a third party.

§7 COURT OF JURISDICTION

The court of jurisdiction is Leoben, Austria.

§8 MISCELLANEOUS

This Agreement may only be modified in writing, with the signature of an authorized officer of NGS. All companies and product names are trademarks or registered trademarks of their respective holders.


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Last Update: 08.05.09

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